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OTOKOYAMA CO. LTD. v. WINE OF JAPAN IMPORT, INC.

Docket No. 97-9611.

175 F.3d 266 (1999)

OTOKOYAMA CO. LTD., a Japanese Corporation, Plaintiff-Counter-Defendant-Appellee, v. WINE OF JAPAN IMPORT, INC., A New York Corporation and Does 1 through 50, inclusive, Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 29, 1999.

Attorney(s) appearing for the Case

Arlana S. Cohen, Liddy Sullivan Galway Begler & Cohen, P.C., New York, N.Y. (Kent B. Goss, Valerie M. Goo and Yuji Iwanaga, Pillsbury, Madison & Sutro, L.L.P., Los Angeles, CA, Of Counsel), for Plaintiff-Counter-Defendant-Appellee.

Michael A. Cornman, Schweitzer Cornman Gross & Bondell LLP, New York, N.Y., for Defendant-Counter-Claimant-Appellant.

Before: MINER, McLAUGHLIN, and LEVAL, Circuit Judges.

LEVAL, Circuit Judge:

This is a trademark dispute between two importers of Japanese sake. Otokoyama Co. Ltd., the registered owner of four U.S. trademarks for the word "otokoyama" and Japanese language pictograms signifying that word, filed suit against Wine of Japan Import, Inc., alleging, inter alia, that defendant infringed its trademark in violation of the Lanham Act, 15 U.S.C. § 1051 et. seq., by importing a brand of sake labelled "Mutsu Otokoyama...

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